Once a settlement has been reached of an unfair dismssal case it is all nigh impossible for a party to re-open the case no matter how legitimate may the party’s concedrns about the settlement may be.
“Section 587(1)(c) of the Act provides that the Commission may dismiss an application
that has no reasonable prospects of success. In my view, Mr Rajput’s unfair dismissal
application cannot succeed because he agreed to settle it for a gross payment of $30,000. The
settlement agreement is a complete answer to his application. It cured any unfairness in his
dismissal. It is well established that the Commission may have regard to settlement agreements
in considering whether to dismiss an application under s 587 of the Act (see Australian Postal
Corporation v Gorman [2011] FCA 975 at [31]-[33]). The application has no reasonable
prospect of success. It is appropriate to dismiss the matter under s 587(1)(c), and I do so.”
Rajput v QAL Technologies Pty Ltd [2023] FWC 2617 delivered 10 October 2023 per Colman DP